An Office Consolidation of. The R.M. of West St. Paul. Zoning By-law. By-law No. 2/99P

Transcription

1 Notice: All persons making use of this Consolidation are reminded that it has no legislative sanction; that the Amendments have been embodied only for the convenience of reference; and that the original By-law and Amendments should be consulted for all purposes of interpreting and applying the law. An Office Consolidation of The R.M. of West St. Paul Zoning By-law By-law No. 2/99P

2 Adopting By-law 1/2000 P Changes and Amendments Amend Part 7, Section 2 Commercial Use Table 16 by adding Residential Care Facilities as conditional use in CH Content Affected Text X Map Remarks 3 rd Read.Apr. 12, 2001 Rezoned from RG to CH 1/2001 P Rezoned from A80 to CH X 2/2001 P Rezoned from A80 to M X 3/2001 P Rezoned from RR to CH X 4/2001 P Rezoned from CH to RR X 5/2001 P Amend Part 6, Section 2 Residential Use Table 14 by adding Golf Courses as conditional use in RR & RG X X 3 rd Read. Jan 10/ rd Read. June 14/ rd Read. June 14/ rd Read. July 12/ rd Read. Dec 13, /2001 P Amend Parts 3, 5 & 6 in regards to fencing 3 rd Read. Dec 13, materials and projections into required yards X rd Read. Sept. 12, 2/2002 P Amend Parts 6, 7, 8 &10 in regards to mobile 2002 homes X 2/2003 P Rezoned from RR to RR Overlay X 3 rd Read. Oct 9, /2004 P Rezoned from RR Overlay to RR X 3 rd Read. May. 13, /2004 P Rezoned from A80 to CH X 3 rd Read. Mar. 9, rd Read. June 10, 3/2004 P 2004 Amend Part Planned Unit Development, Tables 11, 14, 16 & 18 and Part Definitions - Manufacturing 4/2004 P Various Amendments to Parts 3, 5, 6, 7 & 10 X X X 3 rd Read. Aug. 12, /2005 P Rezoned from RC to R3 Amend Part 3 General Provisions X 3 rd Read. Sept 14, 1/ Design Review Committee 2006 Amend Part 8 Industrial to include M2 3 rd Read Nov. 9, 2/2006 & Part 3 by adding no front yard storage in M zones X Re-zone from A80-M2 X 3 rd Read Mar 8, Amend Part 3 General Provisions X 3 rd Read 8-Feb- 5/ Lighting Re-Zone from A80 to RR X 3 rd Read Aug 12, /2007 Amend. Gen Prov. & RR & AR Regulations X 3 rd Read Sept 13,

3 1/2008 Amend Part 3 General Provisions Compliance with Zoning By-Law 2007 X June 12/08 1/2009 P Part 3 Gen Prov. Outdoor Solid Fuel Heating Systems Part 3 Gen Prov. Building Locations Certificates X X 3 rd Read Nov 12, /2010 P Part 3 Gen Prov. Accessory Uses, Buildings and Structures X 3 rd Read Feb 10, Re-Zone from A80 to RRO X 3 rd Read April 12, Re-Zone from A80 to RR X 3 rd Read June 14, Re-Zone from A80 to RR X 3 rd Read April 23, Re-Zone from partially A80, M1, and CH to CH X 3 rd Read March 8, Re-Zone from A80 to A4 X 3 rd Read July 12, Re-Zone from RRO to CH X 3 rd Read April 18, Re-Zone from A80 to RRO X 3 rd Read April 18, Re-zone from A80 to RRO X 3 rd Read June 11, Re-zone from A80 to RR X 3 rd Read Sept. 10, Text amendment for detached decks X 3 rd Read August 13, Amend Part 6.2 X 3 rd Read. Apr 28, Amend Part 3, Table 3, Table 1, Table 11, 12, 14, 15 X 3 rd Read. Apr 14,

4 FINAL July 1999

5 Rural Municipality of West St Paul In the Province of Manitoba By - Law Number 2/99P Being a By Law to regulate the use and development of land within the Rural Municipality of West St. Paul. WHEREAS Section 39 (1) of the Planning Act, Chapter P80, January 2, 1999, provides that a Zoning By Law may be enacted by the Council of a municipality; AND WHEREAS, it is deemed desirable and expedient to repeal By Law number 7/92P, and all amendments thereto and substitute therewith a new Zoning By Law; RESOLVED that the Council of the R.M. of West St. Paul, in meeting duly assembled, enacts as follows:

6 R.M. of West St. Paul Zoning By Law 2/99P Table of Contents page iii Table of Contents Part 1... Introduction Page 1 Part 2... Administration Page 3 Part 3... General Provisions Page 5 Part 4... Zones Page 44 Part 5... Agricultural Zones Page 46 Part 6... Residential Zones Page 52 Part 7... Commercial Zones Page 55 Part 8... Industrial Zones Page 59 Part 9... Open Space Zones Page 62 Part Definitions Page 64 Part Index Page 85 Part 12 Repeal and Effective Date Page 87 Appendix A..Zoning Map Page 89

7 R.M. of West St. Paul Zoning By Law 2/99P 1. Introduction page 1 1. INTRODUCTION 1.0. Contents 1.1. Title 1.2. Area 1.3. Intent and Purpose 1.4. Interpretation 1.5. Relation to Other By-laws and Regulations 1.6. References to Statutes 1.7. Validity 1.1. Title This By-law may be cited as "The Rural Municipality of West St. Paul Zoning By-law" Area The provisions of this zoning by-law shall apply to all lands within the limits of The Rural Municipality of West St. Paul in the province of Manitoba, as shown on the Zoning Map in Appendix A to this by-law Intent and Purpose The Council of the R.M. of West St. Paul may enact a zoning by-law which generally conforms to a development plan adopted for the area as per Section 39 of the Planning Act. The provisions established by this zoning by-law are deemed necessary in order to: implement the objectives and policies of the Selkirk and District Planning Area Board Development Plan; define and limit the powers and duties of the Board, Council and Development Officers; and define and prescribe development standards including, but not limited to the following: buildings and structures constructed and located hereafter, in accordance with the Buildings and Mobile Homes Act; existing buildings and structures structurally altered and/or relocated hereafter; uses of buildings, structures and land established hereafter; and

8 R.M. of West St. Paul Zoning By Law 2/99P 1. Introduction page Interpretation changes of use of buildings, structures and land hereafter The provisions of this zoning by-law shall be interpreted to be the minimum requirements except where the abbreviation for or word "maximum" is used, in which case the maximum requirement shall apply Reference to the "Board" shall refer to the Selkirk & District Planning Area Board Shall is mandatory Units of measure are metric with imperial following in brackets. In cases where discrepancy between metric and imperial measure occurs, the metric unit shall prevail Relation to Other By-laws and Regulations In the event of conflict between this zoning by-law and amendments thereto, and any restrictions imposed by a government authority having jurisdiction to make such restrictions, the most restrictive shall apply References to Statutes References to statutes within this zoning by-law, unless otherwise specified, are Statutes of the Province of Manitoba and amendments thereto Validity Should any section or part of a section of this zoning by-law or appendix attached hereto be declared invalid by a court of competent jurisdiction, the same shall not affect provisions of the zoning by-law as a whole or any part thereof beyond that which was declared invalid.

9 R.M. of West St. Paul Zoning By Law 2/99P 2. Administration page 3 2. ADMINISTRATION 2.0. Contents 2.1. Selkirk & District Planning Area Board Responsibilities 2.2. R.M. of West St. Paul Council Responsibilities 2.3. Development Officers Responsibilities 2.1. Selkirk & District Planning Area Board Responsibilities The Selkirk & District Planning Area Board is responsible for the following: administration and enforcement of this by-law; acting as an appeal board as per Section 22(4) of the Planning Act; administration and enforcement of the Planning Act, where applicable; establishment of planning advisory committees in accordance with Section 90 of the Planning Act; and establishment of a schedule of application fees and permit charges for the following: conditional use orders; development plan amendments; subdivisions; variation orders; zoning by-law amendments; zoning confirmation letters; zoning compliance certificate; zoning memoranda; and other appropriate documents R.M. of West St. Paul Council Responsibilities Subject to the provisions of the Planning Act, the Council of the R.M. of West St. Paul is responsible for the following: enactment of this By-law; administration and enforcement of the Planning Act, where applicable; adoption or rejection of proposed amendments or the repeal of this by-law;

10 R.M. of West St. Paul Zoning By Law 2/99P 2. Administration page approval or rejection of conditional uses and variation orders, and/or revocation of existing conditional uses and variation orders Development Officers Responsibilities The Board shall appoint development officers, who on behalf of the R.M. of West St. Paul, shall carry out the administration and enforcement of this by-law. Duties of the development officers shall include items listed in

11 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page 5 3. GENERAL PROVISIONS 3.0. Contents 3.1. INTENT 3.2. ACCESSORY USES, BUILDINGS AND STRUCTURES 3.3. AIRPORTS AND AIRCRAFT LANDING STRIPS 3.4. AMENDMENTS 3.5. BED AND BREAKFASTS 3.6. BULK REGULATIONS 3.7. CONDITIONAL USES 3.8. DEVELOPMENT PERMITS 3.9. DEVELOPMENT STANDARDS ENFORCEMENT EXTERIOR STORAGE ( fencing ) FLOOD PRONE OR HAZARD PRONE LANDS GEOTECHNICAL REPORTS HEIGHT EXCEPTIONS HOME OCCUPATIONS LANDSCAPE FEATURES ( fences and hedges ) LOADING SPACES MINERAL EXTRACTION MOBILE HOME DEVELOPMENT NON-CONFORMANCE PARKING PLANNED UNIT DEVELOPMENTS POOLS AND HOT TUBS PROJECTIONS INTO REQUIRED YARDS PUBLIC UTILITY SIGNS SUBDIVISION TEMPORARY ADDITIONAL DWELLING TEMPORARY USES, BUILDINGS AND STRUCTURES VARIATIONS ZONING COMPLIANCE CERTIFICATES ZONING CONFIRMATION LETTERS ZONING MEMORANDA 3.1. INTENT The general provisions contained herein apply to all zones, except as otherwise specified herein.

12 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page ACCESSORY USES, BUILDINGS AND STRUCTURES Attached Accessory Structures Where a structure is attached to the main / principal building on a site by a roof, an open or enclosed structure, a floor; except a slab on grade or a foundation, it is to be considered as part of the main / principal building and shall be subject to the bulk regulations for main / principal buildings Construction Prior to Principal Building Accessory buildings or structures may not be constructed prior to obtaining a building permit for the principal building, notwithstanding Section Location Building Separation from Principal Building (B/L ) Detached accessory buildings, excluding detached decks, above ground pools and hot tubs, shall be located a minimum of metres (10 ft.) clear of all projections from the principal building (B/L ) Building Separation between Accessory Buildings Detached accessory buildings, excluding detached decks, above ground pools and hot tubs, shall be located a minimum of metres (3 ft.) clear of all projections from other detached accessory buildings in the Residential and A4 zones (B/L ) Common Walls Buildings containing more than one unit with common party walls shall be considered as 1 building occupying 1 site for the purpose of side yard regulations. eg. duplexes or row housing Easement or Right-of-way Detached accessory buildings and structures shall not be located within a dedicated easement or right-of-way Front Yards Detached accessory buildings and structures shall be located in accordance with the Bulk tables for each zoning district. Front yards for accessory buildings are not to be less than the front yard for the principal building. (B/L 5/2006) Water Front Lot Notwithstanding above, detached accessory buildings and structures may be located in the front, side or rear yards where a lot has water frontage,

13 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page Number (B/L 6/2010) On lots greater than 1.0 acres, the number of accessory buildings will be limited to a maximum of three (3) per certificate of title in all Residential zones, in addition to the AR Agricultural Restricted Zone. The number of accessory buildings allowed per certificate of title had previously been limited by development agreements enforced by the Municipality. Increases in the number of detached accessory buildings shall require amendments to the development agreements prior to consideration of variation order applications. (B/L 3/2007) (B/L 6/2010) On lots less than 1.0 acres, the number of accessory buildings will be limited to a maximum of two (2) per certificate of title in all Residential Zones, in addition to the AR Agricultural Restricted zone. The number of accessory buildings allowed per certificate of title had previously been limited by development agreements enforced by the Municipality. Increases in the number of detached accessory buildings shall require amendments to the development agreements prior to consideration of variation order applications Uses Accessory uses, buildings and structures may be permitted when on the same site as a permitted or conditional use as per Table 1. Table 1 Accessory Uses, Buildings and Structures A = Agricultural R = Residential C = Commercial M = Industrial OS = Open Space P = Permitted C = Conditional - = Use is NOT Permitted Accessory Uses, Buildings and Structures A R C M OS Aircraft landing strips and related storage facilities - C accessory to farm Buildings or structures necessary for the operation P - P P P and maintenance of primary use i.e. farm buildings Carport P P P - - Children's playhouse P P Garage private P P P - - Gazebo or garden house private P P Greenhouse private P P Home Occupation (B/L 4/2004 P ) - Off-street parking and/or loading P P P P P Patio - detached, covered P P P - - Production, processing, cleaning, servicing, altering, P - P P - testing or storage buildings or structures incidental to general agricultural, commercial or industrial use Recreation building or structure P P

14 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page 8 Signs P P P P P Single family dwelling - accessory. to primary use; P - P P - may include staff dwellings Storage - exterior: ( see fencing ) - domestic equipment and supplies P P goods used in or produced by primary use P - P P - - machinery and equipment used by primary use P - P P - Storage Containers (1) 6/2010 C C C P - Swimming pools private P P P - - Uses not listed C C C C C 1. All storage containers require development permits for placement and are not permitted within required front yards. Applicants must supply detailed plans outlining the location, screening, landscaping and fencing in association with the placement of storage containers. Please note that storage containers are not be stacked.

15 Less than Plus R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page Airports and Aircraft Landing Strips All buildings, structures or uses located in close proximity to licensed aircraft landing strips shall be governed by Transport Canada regulations. (See Height Exceptions) and subject to conditions in table Noise Exposure Forecasts are contours produced to encourage compatible land use planning in the vicinity of airports. These contours are derived from air traffic volume and aircraft type and mix for 5 to 10 year period. The higher the contour level, the greater the disruption caused This land use tabulation should not be considered as an exhaustive listing, but merely as examples of how various land uses would be expressed in the Noise Exposure Forecast zones in terms of community response predictions. Table 2 Noise Exposure Forecasts Noise Exposure Agriculture Uses Dairy farms, Feed Lots, Livestock Pastures J Yes Yes Yes Poultry Farms I I Yes Yes Stockyards J Yes Yes Yes Commercial / Industrial Uses Factories / Machine Shops F F Yes Yes Outdoor Sales E H Yes Yes Warehouses Yes Yes Yes Yes Recreation Uses Outdoor Athletic fields and playgrounds No G H Yes Camping Grounds No No No K Residential Single unit detached development No No B A Public Uses Churches and Schools No No D C Explanation of Conditions Yes -- The development is permitted without special noise insulation, subject to any following letter. No -- The development is not permitted.

16 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page 10 A.- A marginal zone exists near the 30 NEF level where aircraft noise may begin to annoy some residents. It is recommended that developers be made aware of this fact and that they undertake to inform prospective tenants or purchasers of residential units. B.- The developer should be required to inform prospective tenants/buyers that aircraft noise may interfere with certain activities. C.- These facilities should not be located close to the 30 NEF contour unless the restrictions outlined in Note D are applied. D.- This land use shall not be permitted unless a detailed analysis of noise reduction is conducted and noise insulation features are considered by the architectural consultant. E.- When associated with a permitted land use, an office may be located in this zone provided that all relevant factors are considered and a detailed noise analysis is conducted to establish the noise reduction features required to provide an indoor environment suited to the specific office function. F.- Many of these uses would be acceptable in all NEF zones. However, consideration should be given to internally generated noise levels, and acceptable noise levels in the working area. G.- Undesirable if there is spectator involvement. H.- It is recommended that serious consideration be given to an analysis of peak noise levels and the effects of these levels on the specific land use under consideration. I.- The construction of covered enclosures should be undertaken if this use is to be newly introduced to the noise environment. J.- Research has shown that animals condition themselves to high noise levels. However, it is recommended that peak noise levels be assessed before this use is allowed. *Source: Modified from the Transport Canada publication TP-1247, amendment No AMENDMENTS Amendments to this zoning by-law may be initiated by Council or by the owner of the area proposed to be changed or owner's agent(s).

17 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page Applications to amend the zoning by-law, including required information and fees, shall be filed with the Board Applications to amend the zoning by-law shall be processed, and if approved, enacted as per Section 47(2) of the Planning Act Approved amendments to the zoning by-law may, at Council's discretion, require that the owner enter into a development agreement as per Section 46(1) of the Planning Act BED AND BREAKFASTS Business Licenses and Development Permits Bed & breakfast establishments shall be registered with the Municipality Character - Secondary Use The bed & breakfast shall be operated by a live-in owner as a secondary use only and shall not change the principal residential character or external appearance of the dwelling Guest Bedroom Number Bed & breakfast establishments shall be limited to 4 guest bedrooms per dwelling Parking In addition to the parking requirements for the primary use, one additional parking space shall be provided for each guest bedroom Signs Signs for bed & breakfast establishments shall be limited to 1 identification sign: a maximum of 0.37 sq.m. (4.0 sq.ft.); non-illuminated; and compatible with the residential character of the area Traffic The bed & breakfast shall not generate traffic beyond what is normally characteristic of the area BULK REGULATIONS Separation Distances Separation distances shall be measured from building face to building face notwithstanding

18 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page Site Coverage Site coverage shall be the percentage of the lot area covered by the ground floor area of all buildings located thereon. For the purpose of lot coverage calculations, building shall mean any structure consisting of a wall, roof and floor or any one of them, or a structural system serving the same purpose Yard Requirements Distance Measure Yard measurements within the bulk tables shall be measured from the building face to the property line Yard Reductions See Bulk Requirements Reduced by Public Works and Subdivision Bulk Regulations CONDITIONAL USES Application to use land for a use listed as a conditional use in this zoning by-law may be filed by the owner or owner's agent subject to owners signature Application for approval of a conditional use, including required information and fees, shall be filed with the Board Applications for conditional use shall be processed, approved or rejected, and may be revoked as per Section 53 of the Planning Act When approving a conditional use as provided herein, Council may prescribe such additional conditions, beyond those specified in the zoning by-law and development plan, as are in its opinion necessary to secure the objectives of the zoning by-law and development plan; and the Council may revoke the conditional use authorized for violation of any conditions imposed by it, as per Section 53 of the Planning Act Applications for uses that require a license or permit from another level of government including any technical review committee reports must either obtain the necessary permits, or confirmation from the licensing authority that the permit will be issued, subject to the approval of the conditional use permit before proceeding with the application. (B/L 4/2004 P ) 3.8. DEVELOPMENT PERMITS Application Requirements Development permit applications may require submissions as listed hereunder.

19 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page The applicant shall provide the complete legal description of the subject property The applicant shall provide 3 complete sets of blueprints of proposed construction illustrating: site plan including: - proposed setbacks from property lines of new construction and all existing buildings or structures on the site - proposed parking and loading spaces - proposed open space; foundation - dimensioned and fully detailed; building section - indicating all building materials; floor plans - all levels; elevations of completed structure proposals on flood prone or hazard prone land shall not be issued permits prior to submission as per , above and the following: section through proposed building or structure or fill area; section through riverbank or the like, indicating geodetic elevations; and geotechnical engineering report as per , prepared by a certified professional geotechnical engineer stating that proposed development will not: - impede surface or subsurface water flow; - de-stabilize land including waterway bed; or - adversely alter waterway channels The applicant shall provide other information, if deemed necessary such as: proposed use of each building and structure; current copies of relevant titles, easements and caveats; surveyor's certificate prepared by a Manitoba Land Surveyor; existing conditions of the site; and number of dwelling units or rental units within the proposed building At the discretion of the designated officer or Council, a staking certificate with offset pins may be requested prior to foundation being poured (B/L ) Combined Permit A development permit may include a building permit and an occupancy permit.

20 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page Development Permits Required No person shall construct, locate, relocate or structurally alter a building or structure unless in conformity with an approved development permit. No person shall alter land levels where it may affect surface drainage or bank stabilization. No person shall use nor change or intensify a use, unless in conformity with an approved development permit. Development Permits are required for the following: addition, extension, structural alteration or conversion of any building or structure; with the exception of change of use of land, buildings, or structures, except when a change is from one agricultural activity to another; mineral extraction operations; relocation, removal or demolition of any building or structure; signs as per temporary uses, buildings or structures; use of vacant buildings or structures, except in the case of farm buildings or structures used principally for agricultural activities; and works done on or within floodprone or hazard prone lands such as: building construction or demolition; deposit, removal, alteration or disturbance of any material; drainage alteration - surface or subsurface; and diversion of waterway or waterway channels Temporary tents that are over 900 square feet, used for special events only, and erected for not more than 14 consecutive days or 45 days per calendar year per site will require stamped drawings. Please note temporary tents are exempt from all zoning requirements (e.g. site coverage, height, setbacks, etc.) (B/L ) Development Permits Not Required Development Permits are not required for the following, when in compliance with this zoning by-law: accessory buildings not exceeding sq. metres (120 sq. ft.); driveways which are private and accessory to the principal use, building or structure;

21 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page fence or gate; landscaping where the existing grade and natural surface drainage pattern is not materially altered; light standard; patios and decks that are accessory to a development and detached from the main or principal dwelling, provided that they are less than 24 inches above normal grade; regular building maintenance and repair that does not include structural alterations; signs as per ; and home occupations Temporary tents that are under 900 square feet, used for special events only, and erected for not more than 14 consecutive days or 45 days per calendar year per site. Please note temporary tents are exempt from all zoning requirements (e.g. site coverage, height, setbacks, etc.) (B/L ) Development Permits Issued "Prior to" Development permits for buildings or structures that were in compliance with the zoning by-law prior to the effective date of this zoning by-law shall be permitted if acted upon within 12 months of issuance Expiration of Development Permit Development permits shall expire 12 months from the date of issuance if: work has not commenced within that time period; and / or work has not continued at a reasonable pace thereafter Inspection of Premises Development officers may at all reasonable times and with the consent of the owner or occupier, but subject to Section 84 of the Planning Act, enter upon any land, building or structure within the jurisdiction of the Board for the purpose of implementing this zoning by-law Owner's Duties Compliance with Zoning By-law (B/L 1/2008) Neither the granting of a development permit nor the approval of the blue prints, specifications or inspections made by development

22 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page 16 officers shall relieve the owner of the responsibility of complying with the requirements of this zoning by-law or with any relevant by-laws of the Municipality. ** Prior to the issuance of a development permit the applicant may be required to address any applicable infractions on the subject property Inspection by Development Officer Owners shall not obstruct the development officer in his discharge of duties as per Other Licenses and Permits Every owner shall be responsible for obtaining required permits or licenses for, but not limited to the following: blasting; buildings; electrical; environmental approvals; grades; highways; occupancy; plumbing; sewers or water supply systems; signs; streets; water rights for wells; and other government department approvals as required Work at Variance Every owner shall notify the development officer and obtain approval prior to doing any work at variance with that for which a development permit was issued Street Frontage Notwithstanding any other provisions contained in this By - Law and for the clarification thereof, no use permitted under this By - Law shall be established, erected or constructed unless the parcel of land on which it is located, in addition to complying with all other requirements of this By - Law has frontage on a street Suspension or Revocation of Permit The development officer may suspend or revoke a development permit if: the applicant fails to comply with the terms and conditions of the permit issued; or

23 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page 17 any person undertakes, causes or permits development on the site which is contrary to the terms and conditions of the permit issued. Development shall be discontinued forthwith upon receiving written notice from the development officer and shall not resume until a permit has been issued or reinstated DEVELOPMENT STANDARDS Developments within all zones shall comply with the development standards as established by Council in development agreements Local heritage buildings shall comply with any municipal or provincial heritage regulations Outdoor Solid Fuel Heating Systems (B/L 1/2009) An outdoor solid fuel heating system is considered a self-contained unit designed to provide heating to the principal building or any other structure or area on the premises Only manufacturer approved material may be burned which may include such solid fuels as natural untreated wood, wood pellets, corn products, biomass pellets or other fuels permitted specific to manufacturer s specifications Heating materials, as listed above, must be stored in an orderly fashion at a distance of at least 10 ft. from the heating system The amount of heating material stored can not exceed the amount that would be used during a typical season, as interpreted and approved by Council and/or the designated Officer of Council The burning of treated wood, rubbish, garbage, any plastic material, rubber and rubber-like products, newspaper, cardboard, any paper with ink or dye products or any other materials not specifically outlined by the manufacturer are strictly prohibited Fuel materials shall not be stored within the same structure as the heating system Any outdoor solid fuel heating system is required to obtain a development permit from the Selkirk and District Planning Area Board, approval by the Municipal Engineer and by resolution of Council. Please note approval may be subject to conditions Outdoor solid fuel heating systems are not permitted in or within 1500ft. of any Residential ( RC, R3, RG, RR ) or Agricultural Restricted zone (A4) Outdoor solid fuel heating systems shall not be permitted on parcels of land less than 4 acres in size An outdoor solid fuel heating system and chimney shall be laboratory tested and listed to appropriate safety standards such as UL (Underwriters Laboratory), CAN/CSA (Canadian National Standard/ Canadian Standards Association Outdoor solid fuel heating system buildings or structures shall;

24 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page 18 a) Be located behind the rear wall of the principal building on site; b) Be located at least 50 ft. clear of all projections; c) Be located at least 200 ft. from any property line; d) Be installed as per insurance requirements; e) Be installed as per manufacturers specification; f) If located within 300ft. of another residence not served by the furnace, the stack height must be 2 ft. higher than the peak of the neighbouring residence ENFORCEMENT Enforcement Enforcement of this by-law shall be as per Sections of the Planning Act Existing Violations The adoption of this by-law shall not prevent any actions to abate, nor pending or future prosecution of, violations under the former zoning by-law, provided said violations are also violations of this zoning by-law EXTERIOR STORAGE Exterior Storage Fencing Requirements Fencing requirements for exterior storage resulting from permitted or conditional uses within the agricultural, commercial and industrial zones shall be as per , notwithstanding Fencing Agricultural Zone Exemption General and limited agricultural activities and associated exterior storage of materials, equipment and machinery shall be exempt from the fencing requirements under Design Any permitted or conditional use requiring outside storage shall be enclosed on all sides, with a minimum 1.83 m (6 ft.) to maximum 2.44 m (8 ft.) high solid wall or opaque. Materials and maintenance shall be as per and Maintenance A caveat may be filed against the title in order to ensure that the fence is maintained to municipal standards. The maintenance plan may require the posting of a performance bond Materials - Permitted (B/L 6/2001 P ) Permitted fencing materials include the following:

25 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page 19 minimum cm. (3/4 in.) thick douglas fir, cedar or hemlock - rough sawn, pressure treated No. 2 common, tight knot; concrete; ornamental block; brick; metal excluding chain link; combination thereof; or any other material, subject to: - illustration by a certified professional engineer or architect, - approval by the Selkirk & District Planning Area Board. The above fencing shall be uniformly painted and maintained Materials May be Permitted (B/L 6/2001 P ) The following materials may be permitted in the construction of fencing subject to entering into an agreement with the municipality: chain link; used materials which may include landscape ties, railway ties or utility poles Posts Fence posts shall be wood, metal or concrete Front Yard Storage (B/L ) No front yard storage shall be permitted in Industrial zones, unless permission is obtained from Council FLOOD PRONE OR HAZARD PRONE LANDS Flood prone lands are those lands which are subject to flooding at the 100 year flood level as specified by the Water Resources Branch, with exceptions as listed below. Where levels exceed the 100 year flood level, the record flood level shall apply. Where lands are adjacent to the Red River, the 160 year flood level or 1997 Red River flood levels as per zoning map in Appendix A, whichever is the higher, shall apply. Where land is protected by flood control works, the flood level specified by the Water Resources Branch shall apply. Hazard prone lands shall include lands : within a horizontal distance of metres (350 ft.) or greater of the normal high water mark of the Red River; or

26 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page 20 that are subject to subsidence or are low-lying, marshy or unstable, or are otherwise unsuitable or hazardous for a proposed purpose by virtue of its soil or topography Application Requirements Permanent Buildings or Structures Permanent buildings or structures shall not be located on flood prone or hazard prone lands unless in accordance with Temporary Buildings or Structures Temporary or movable buildings or structures may be located on or within flood prone or hazard prone lands subject to and the developer entering into a development agreement with the Municipality Bank Stabilization Bank stabilization works shall not be permitted, unless in accordance with Clearing and Cultivation Clearing of natural vegetation and cultivation of land shall not be permitted within a horizontal distance of metres (50 ft.) of the normal high water mark of the Red River, unless in accordance with Deposition of Material Deposition of material shall not be permitted within a horizontal distance of metres (350 ft.) of the normal high water mark of the Red River, unless in accordance with Permanent Buildings or Structures - Construction Basements Basements in flood prone lands shall: not contain habitable space unless flood protection has been provided; not be used for storage of immovable materials or hazardous materials that are buoyant, flammable, explosive or toxic; not contain electrical circuit breaker panels; be provided with a sump pit; and have back-up valves in the sewer pipes or pipes leading to a holding tank or disposal field Basement Floor Elevations Basement floor elevations in flood prone lands shall:

27 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page 21 not be lower than 0.6 metres (2 ft.) below flood protection level if the fill material is pervious such as sand; or not be lower than 1.7 metres (5.5 ft.) below flood protection level if the fill material is impervious such as clay Flood Protection Permanent buildings or structures shall be protected from flooding by raising the building site to the flood protection level. Flood protection levels shall be as listed below and as applicable. 100 year flood level plus 0.6 metres (2 ft.); or 160 year flood level or 1997 Red River flood levels as per zoning map in Appendix A plus 0.6 metres (2 ft.) or as specified by the Water Resources Branch Flood Protection - Exemptions The following shall be exempt from flood protection requirements subject to the developer entering into a development agreement with the Municipality: structural alterations to legally existing buildings or structures; and buildings or structures accessory to a legally existing buildings or structures Surrounding Fill The level of the surrounding fill at the building line shall not be less than the flood protection level, and shall: not slope more than.152 metres (6 in.) vertically to metres (15 ft.) horizontally from the building line; and not more than metres (1 ft.) vertically to metres (4 ft.) horizontally thereafter. In Lieu of Surrounding Fill In lieu of fill, permanent buildings or structures shall: have the floor elevation of any finished space at least metres (3 ft.) above the flood protection level; and have piles or other support system approved by a certified structural engineer.

28 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page GEOTECHNICAL REPORTS As per Section , geotechnical reports shall be prepared by a certified professional geotechnical engineer and may contain evidence of the following: test borings; ground water piezometer tests; slope indicators where necessary; identification of any sub-surface mining operations; river erosion analysis; and surface erosion analysis. The conclusions provided within the above engineering study shall approve the proposed foundation design(s) and fully acknowledge soil conditions and proposed siting of the development HEIGHT EXCEPTIONS Height restrictions within the Bulk Tables do not apply to the following: antennae; chimneys; communication towers eg. television or radio towers; electrical apparatus or the mechanical operations of the building provided that no roof structure or space is usable floor space; electrical or telephone transmission lines; elevator shafts or stairway enclosures; flag poles; gravel piles or the like; lightening rods; lighting standards; mechanical equipment enclosures; ornamental domes; satellite dishes; silos; skylights; solar collectors; steeples; ventilators; water storage tanks; and windmills Notwithstanding above, limitations prescribed or practices recommended by Transport Canada with respect to height limitations and appropriate lighting in the vicinity of airfields shall prevail.

29 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page HOME OCCUPATIONS AND HOME INDUSTRIES (B/L 4/2004 P ) General Characteristics Certain uses carried out within the confines of a residential dwelling unit or within an accessory building on a property zoned as Agricultural, Residential or Commercial, may be permitted if such uses are incidental to the primary use of the property, subject to the following criteria Classification of Home Occupations and Home Industries Because of their diversity it is not possible to list all businesses that would be classified as either a Home Occupation or a Home Industry. The following list provides examples of Home Occupations and Home Industries. This list should be used only as a guide to judge the suitability of occupations not on the list. Uses of a similar nature would be considered as well Home Occupations Computer sales and programming Consulting service (engineering, computer, planning) Bookkeeping, accounting, investment counselling Business office associated with a permitted Home Industry Craft manufacturing & sales (paintings, stained glass, pottery, ceramics, jewellery) Drafting, computer graphics, interior design Dress making, sewing Electronics, and small household appliance sales and repair Photography Real estate and insurance Tutoring, music, dance and singing training Personal Services (hairdressing and barbering, licensed massage therapists, reflexology Home Industries In addition to all businesses classified as Home Occupations, the following examples are types of business that would also be classified as Home Industries. Automobile repairs Agricultural commercial - Building trades (carpentry, electricians, plumbing) - Car brokerages * Commercial printing Small engine and equipment sales and repair Large household appliances (stoves, dryers, etc.) Printing services

30 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page 24 Upholstery (household & auto) Mobile signs * Maximum 2 D-registered vehicles on premises at any one time. None to be on display Required Conditions: Home Occupations: Character - Secondary Use The home occupation shall be operated as an accessory use only, and shall not change the principal character or external appearance of the dwelling involved Employees Home occupations shall be carried on solely by the members of the family residing at the same dwelling unit and shall not employ other persons Floor Area The home occupation within the dwelling unit or accessory building shall not exceed 20% of the total floor area of such residence Hazardous Materials No toxic matter, explosive, flammable, combustible, corrosive, radioactive or other restricted material may be used, stored or produced Location Home occupations must be carried out within the confines of the occupant s residential dwelling unit or its accessory building Noise There shall be no mechanical or electrical equipment used which creates undue noise, or visible or audible interference in radio or television reception within adjacent dwellings Parking A home occupation shall not require parking in excess of that which is characteristic of the zone within which it is located Pedestrian or Vehicular Traffic

31 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page 25 The home occupation shall not generate undue pedestrian or vehicular traffic beyond that characteristic of a residential neighbourhood Public Nuisance The home occupation shall not become offensive or obnoxious or create a public nuisance Sales Articles sold or offered for sale are limited to those that are: produced therein; or produced elsewhere, but are pre-packaged and held on a temporary basis for distribution to customers Storage There shall be no exterior storage of business equipment, materials, merchandise or inventory. Home Industries: Home Industries will only be permitted as a Conditional Use within Agricultural zones Home Industries must be carried out within the confines of an accessory building, except for a business office which may be permitted in the residential dwelling There shall be no exterior storage of business equipment, materials, merchandise or inventory, notwithstanding Section Employment is restricted to a maximum of two residents of the premises Signs for home industries shall be limited to 1 identification sign: a maximum of 0.37 sq. m. (4.0 sq. ft.); non-illuminated; and compatible with the residential character of the area Additional parking requirements for customers may be provided in the rear yard. No additional parking spaces will be permitted in any front yard or side yard.

32 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page The home industry shall not generate pedestrian or vehicular traffic in excess of that which is characteristic of the zone in which it is located No toxic matter, explosive, flammable, combustible, corrosive, radioactive, or other restricted material may be used, stored, or produced The home industry shall have all outdoor lighting located and arranged on the property so that no rays of light are directed at any adjacent property In no case shall the Home Industry be open to the public at times earlier than 8:00 a.m. nor later than 10:00 p.m. unless agreed to by Council Zoning Use Tables The individual Zone Use Tables in Sections 5 to 9 outline which uses will be allowed as permitted or conditional uses. Permitted uses will not require Council s approval, while Conditional uses must follow the procedure outlined in Section 3.6 of this By-law Business Licence Permits for Home Occupations and Home Industries must be obtained from the Municipality prior to the commencement of the business LANDSCAPE FEATURES Exterior Storage See Fences / Hedges Fences shall not include barbed wire fences except in agricultural, industrial and commercial zones; and shall not include electric fences except in agricultural zones. Fences, hedges and the like shall be permitted in all yards and shall be limited in height as per Table 3 (B/L ).

33 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page 27 Table 3 Fence / Hedge Height Measurements in Metric followed by Imperial in brackets A = Agricultural R = Residential C = Commercial M = Industrial OS = Open Space Zone Front Yd. Max. or Range Side Yd. Max. or Range Rear Yd.. Max A unlimited unlimited unlimited R m.(4 ft.) m. (6 ft.-6 ) m. (6 ft. -6 ) C m. (6 ft.) to m. (8 ft.) m. (6 ft. -6 )to m. (8 ft.) m. (6 ft. -6 )to m. (8 ft.) M m. (6 ft.) to m. (8 ft.) m. (6 ft. -6 )to m. (8 ft.) m. (6 ft. -6 )to m. (8 ft.) OS m.(4 ft.) m. (6 ft. -6 )to m. (8 ft.) m. (6 ft. -6 )to m. (8 ft.) Bulk regulations for accessory structures shall not include fences / hedges; these are to conform to Table 3 Fence / Hedge Height. (B/L 6/2001 P ) Highway Allowance Landscape features shall be set back in accordance with the Highway Protection Act Ponds and Fountains - lined Ponds and fountains on the property of a single family dwelling, which are lined and have a water capacity exceeding metres (2 ft.), shall be deemed private pools and shall be subject to the: Manitoba Building Code regulations; and bulk requirements for accessory buildings and structures Lighting (B/L 5/2006) Lighting requirements apply to uses other than residential Wall mounted lights must have fully shielded luminaries to direct light downward No owner may install or maintain a light source that is directed outward toward property boundaries or adjacent right-of-way Lighting must be directed downward except for low-voltage architectural, landscape and decorative lighting, which is subject to subsection below Architectural, landscape and decorative lighting may be directed upward to illuminate flags, statues or any other objects but must use a narrowly directed light whose light source is not visible from adjacent residential properties All light sources must be shielded to prevent glare.

34 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page LOADING SPACES Access Accessory off-street loading areas shall have access to a street or public lane Calculation - Number of Required Spaces Accessory off-street loading spaces shall be provided and maintained in accordance with Table 4.

35 R.M. of West St. Paul Zoning By Law 2/99P 3. General Provisions page 29 Table 4 Loading Space Table Measurements in Imperial only Use Colleges, Trade Schools, Clubs, religious institutions, nursing homes and personal care homes, hospitals Financial Institutions, clinics, business or professional offices, banquet halls parish halls, curling rinks and similar recreation facilities Uses not defined above and primarily concerned with the handling of goods Floor Area Less than 10,000 sq ft 10,000 sq ft to 199,999 sq ft 200,000 sq ft or more Less than 20,000 sq ft 20,000 sq ft to 199,999 sq ft 200,000 sq ft or more Less than 20,000 sq ft 20,000 sq ft to 39,999 sq ft 40,000 sq ft to 59,999 sq ft 60,000 sq ft to 79,999 sq ft 80,000 sq ft or more 0 1 Number of Loading Spaces required 1 additional for each 200,000 sq ft in excess of 200,000 sq ft additional for each 200,000 sq f in excess of 200,000 sq ft additional for each 50,000 sq ft in excess of 50,000 sq ft Dimension Minimum dimensions for loading areas shall be x metres (12 x 30 ft.) with a minimum vertical clearance of metres (14 ft.) Location All required accessory off-street loading shall be located on the same zoning site as the use served, unless permitted by variance to locate elsewhere Standards See